Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · STATUTE-COMPILATIONS · Blue Water Navy Vietnam Veterans Act of 2019 · Sec. 3

Sec. 3. PRESUMPTION OF HERBICIDE EXPOSURE FOR CERTAIN VETERANS WHO SERVED IN KOREA

704 words·~3 min read·/statute-compilations/comps-15496/sec-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 3 PRESUMPTION OF HERBICIDE EXPOSURE FOR CERTAIN VETERANS WHO SERVED IN KOREA ###
(a)In General Chapter 11 of title 38, United States Code, is amended by inserting after section 1116A, as added by section 2, the following new section: > > ## “§ 1116B Presumption of herbicide exposure for certain veterans who served in Korea > > **[**[38 U.S.C. 1116B](/us/usc/t38/s1116B)**]** > > > ### “(a) Presumption of Service-Connection > > > ####
(1)> > For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease specified in subsection
(b)that becomes manifest as specified in that subsection in a veteran described in paragraph
(2)shall be considered to have been incurred or aggravated in the line of duty in the active military, naval, or air service, notwithstanding that there is no record of evidence of such disease during the period of such service. > > > #### “(2) > > A veteran described in this paragraph is a veteran who, during active military, naval, or air service, served in or near the Korean Demilitarized Zone (DMZ), during the period beginning on September 1, 1967, and ending on August 31, 1971. > > > ### “(b) Diseases > > A disease specified in this subsection is— > > > #### “(1) > > a disease specified in paragraph
(2)of subsection
(a)of section 1116 of this title that becomes manifest as specified in that paragraph; or > > > #### “(2) > > any additional disease that— > > > ##### “(A) > > the Secretary determines in regulations warrants a presumption of service-connection by reason of having positive association with exposure to an herbicide agent; and > > > ##### “(B) > > becomes manifest within any period prescribed in such regulations. > > > ### “(c) Herbicide Agent > > For purposes of this section, the term ‘herbicide agent’ has the meaning given such term in section 1821(d) of this title. ” > . ###
(b)Clerical Amendment **[**[38 U.S.C. 1101](/us/usc/t38/s1101)**]** The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1116A, as added by section 2, the following new item: " “1116B. Presumption of herbicide exposure for certain veterans who served in Korea.” ". ###
(c)Implementation **[**[38 U.S.C. 1116B note](/us/usc/t38/s1116B)**]** ####
(1)Guidance Notwithstanding section 501 of such title, the Secretary of Veterans Affairs may issue guidance to implement section 1116B of title 38, United States Code, as added by subsection (a), before prescribing new regulations under such section. ####
(2)Updates #####
(A)Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committees on Veterans’ Affairs of the House of Representatives and the Senate regarding the plans of the Secretary to respond to inquiries from veterans regarding claims for disability compensation under section 1116B of title 38, United States Code, as added by subsection
(a)of this section. #####
(B)On a quarterly basis during the period beginning on the date of the enactment of this Act and ending on the date on which regulations are prescribed to carry out such section 1116B, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate updates on the status of such regulations. ####
(3)Pending cases #####
(A)Authority to stay The Secretary may stay a claim described in subparagraph
(B)until the date on which the Secretary commences the implementation of section 1116B of title 38, United States Code, as added by subsection (a). #####
(B)Claims described A claim described in this subparagraph is a claim for disability compensation— ######
(i)relating to the service and diseases covered by such section 1116B; and ######
(ii)that is pending at the Veterans Benefits Administration or the Board of Veterans’ Appeals on or after the date of the enactment of this Act and before the date on which the Secretary commences the implementation of such section 1116B. ###
(d)Effective Date **[**[38 U.S.C. 1116B note](/us/usc/t38/s1116B)**]** The amendments made by this section shall take effect on January 1, 2020.
Connectionstraces to 1
Traces to 1 document
1 reference not yet in our index
  • 38 USC 1116B
Citation graph
cites case law
Sec. 3
PRESUMPTION OF HERBICIDE EXPOSURE FOR CERTAIN VETERANS WHO SERVED IN KOREA
U.S.C.§ 1101
Cite38 USC 1116B
Cites 2Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.